Bureaucratic Coup: Obama Holdover Acting Attorney General Refuses to Enforce the Law | American Center for Law and Justice
  Search  |  Login  |  Register

ACLJ Profile Completion

Verified

Obama Holdover AG Refuses to Enforce Law

By Jay Sekulow1485825160457

This is a bureaucratic coup d'état.

Acting Attorney General Sally Yates – a holdover from the Obama Administration – has just ordered the Department of Justice not to defend President Trump’s Executive order on securing America.

Disappointed bureaucrats don’t get to pick and choose what Executive orders they will follow. Yates does not even claim that the Executive order in question violates the Constitution.  In fact, her order not to follow the President’s order acknowledges that the “Office of Legal Counsel had reviewed the order to see if it was ‘lawful on its face.’” She merely claimed that it is not “wise” and she is not “convinced” it will be upheld in court.  She brazenly concluded that “for as long as I am Acting Attorney General, the Department of Justice will not present arguments in defense of the Executive Order . . . .”

That’s not her job.  The acting Attorney General does not get to create a constitutional crisis merely because he or she has a policy dispute with the President.

As we wrote today, the text of the Executive order is in fact constitutional.

As the Wall Street Journal reports:

The acting attorney general on Monday ordered Justice Department lawyers not to defend President Donald Trump’s executive order suspending immigration from seven majority Muslim countries—a remarkable move that will likely lead to a showdown between the incoming Republican White House and the holdover appointee from the Obama administration.

The decision by Sally Yates, who became the acting head of the Justice Department when her boss, Loretta Lynch, stepped down as attorney general this month, is likely to provoke an intense albeit short-lived confrontation with the Trump administration. . . .

In the Monday afternoon letter, Yates said the Justice Department’s Office of Legal Counsel had reviewed the order to see if it was “lawful on its face.’’ But Yates said that review was limited and failed to address the implications of the travel ban.

“Importantly, it does not address whether any policy choice embodied in an executive order is wise or just,’’ she wrote. “…I am responsible for ensuring that the positions we take in court remain consistent with this institution’s solemn obligation to always seek justice and stand for what is right. At present, I am not convinced that the defense of the executive order is consistent with these responsibilities, nor am I convinced that the executive order is lawful.’’

Acting Attorney General Yates has abdicated her role. She should immediately step down or be replaced.

Further, the Senate should immediately vote to confirm Attorney General nominee Senator Jeff Sessions.

If the obstructionists were doing their job and permitted a vote last week on the confirmation of Attorney General nominee Sessions, this bureaucratic coup d'état would never have occurred.

This is not the last time the out-of-control bureaucracy will seek to unconstitutionally undercut the Trump Administration. We will be there to fight back. It’s why I wrote “Undemocratic: Rogue, Reckless and Renegade – How the Government is Stealing Democracy One Agency at a Time.”  A government of the people and for the people requires better.

UPDATE: President Trump has fired Acting AG Yates and appointed Dana Boente as Acting Attorney General.

Confirm Sen. Sessions as Attorney General

Constitution  Signatures

LOGIN

Receive the latest news, updates, and contribution opportunities from ACLJ.

$20
$40
$60
$120
$240
Make this a monthly tax-deductible gift.

As the Left amasses extremist opposition, we’re aggressively battling to restore the rule of law. Donate today. Even $5 makes an impact.

Email Address is required.
First Name is required.
Last Name is required.
Credit Card Number is required.
Verification Code is required.
Expiration Month is required.
Expiration Year is required.
Save this card for future donations.
Enter a password to create an account or login to ACLJ.org‏ (Not Required)
Receive the latest news, updates, and contribution opportunities from ACLJ.


Please encourage your friends to sign and donate by sharing this petition.
Latest in
Constitution

Senate Removes Obstacle to Conservative Judges

By ACLJ.org1507822161934

Senator Mitch McConnell (KY), the Senate Majority leader, has heard our demand for action and reform. He has just removed an archaic procedural rule that has been misused by the left to block conservative federal judicial nominees from ever getting a vote—or even a hearing. It is called the Senate...

read more

Ex-FBI Director's Case Collapses

By Jay Sekulow1497044409096

Fired FBI Director James Comey’s testimony before the Senate Intelligence Committee accomplished one thing: With his testimony, Comey’s case against President Trump collapsed like a house of cards. Not only did Comey’s testimony clear President Trump – admitting under oath that the President was...

read more

Comey is Not a Credible Witness

By Jay Sekulow1496880902209

Former FBI Director James Comey is preparing to tell his side of the story before the Senate Intelligence Committee on Thursday regarding his encounter with President Trump. His prepared remarks were released today – and make no mistake about it – this is Comey’s opportunity to get back in the...

read more

President Trump Fired FBI Dir. James Comey

By Jay Sekulow1494370610081

President Donald Trump has just fired FBI Director James Comey. President Trump’s letter states that Comey is “not able to effectively lead the Bureau.” President Trump's action is not only appropriate, but represents the correct action taken against Comey who has become a renegade FBI Director.

read more